Assault and Battery Defined
Assault and battery are often used interchangeably, but they are actually two distinct criminal offenses in Florida. Assault occurs when a person intentionally threatens to harm another person with the ability to carry out that threat. Battery, on the other hand, occurs when a person intentionally touches or strikes another person against their will or causes bodily harm.
Penalties for Assault and Battery
The penalties for assault and battery in Florida can vary depending on the circumstances of the offense. Simple assault is a second-degree misdemeanor, punishable by up to 60 days in jail and a fine of up to $500. Aggravated assault, which involves the use of a deadly weapon or the intent to commit a felony, is a third-degree felony, punishable by up to five years in prison and a fine of up to $5,000. Simple battery is also a second-degree misdemeanor, while aggravated battery, which involves the use of a deadly weapon or causing great bodily harm, is a second-degree felony, punishable by up to 15 years in prison and a fine of up to $10,000.
How a Criminal Law Attorney Can Help
If you’re facing assault and battery charges in Miami, Florida, it’s important to have an experienced criminal law attorney on your side. Your attorney can help you understand the charges against you, the potential penalties, and your options for defense. Depending on the circumstances of your case, your attorney may be able to argue that:
- You acted in self-defense or in defense of others
- You were acting under duress or coercion
- The victim consented to the physical contact
- The prosecution lacks sufficient evidence to prove the charges against you beyond a reasonable doubt
Your attorney can also negotiate with the prosecution to try to reduce the charges or penalties against you, or to seek alternative sentencing options, such as probation or community service.
In conclusion, assault and battery charges are serious criminal offenses in Florida, and if you’re facing these charges, you need the help of an experienced criminal law attorney. Your attorney can help you understand your rights, build a strong defense, and navigate the complex legal system in Miami, Florida.
Roy J. Kahn, with years of legal experience in a wide variety of criminal law, heads a “boutique” firm, which means that your attorney is Roy J. Kahn, not a paralegal. If you have been charged or are about to be charged with a crime—or if you have been contacted to be a witness in a federal grand jury case, you need a qualified defense. You should consult with an attorney immediately and know that you have a right to make no statement until you have consulted with an attorney To contact Mr. Kahn, he can be reached at 305-358-7400.
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